I. GENERAL CONDITIONS OF SALE
The general conditions thus presented apply to any purchase made from the company ORTHONOV on its online store via the website www.orthonov-paris.com, either by telephone or by mail via the paper form or by collection at our premises. . To know the conditions of his order, the customer can click at any time, even before placing an order, on "General Conditions of Sale".
The fact of placing an order implies full and unrestricted acceptance of the customer to the various clauses presented in these GTC.
The articles are only offered for sale to non-commercial individuals. The customer declares before confirming his order that he has accepted these GTC and therefore fully adheres to them. Any order duly validated implies full and unreserved acceptance of these General Terms and Conditions of Sale.
Article 1: object
These conditions govern sales by the company ORTHONOV whose head office is located at 3 rue de Villebon 91160 Saulx le Chartreux intended for the sale of cryotherapy knee splints, foot splint, ankle splint, socks, and protectors. . The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale, by mail order, by telephone or on site of the products offered by the company ORTHONOV to the Customer, as well as the various stages of the order process.
Article 2 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. Expenses
processing and shipping are invoiced in addition if necessary and specified to the customer before confirmation of the order by the customer.
In the event of an order to a country other than mainland France, you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of ORTHONOV. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.
All orders regardless of their origin are payable in euros.
ORTHONOV reserves the right to modify its prices at any time, but the product (s) will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
The products remain the property of ORTHONOV until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article - 3: products
ORTHONOV undertakes to provide the Customer with a description of the Products as faithful to reality and to present their essential characteristics. However, all information relating to the Products, such as photos, texts, graphics, etc., are given for information only and cannot engage the responsibility of ORTHONOV.
The photographs illustrating the products in support of the text do not enter into the contractual field.
Article 4 - Orders
You can order
On the Internet: https://orthonov.com/;
By phone at 01.60.13.65.73;
On the spot ;
- By mail using the order form accompanied by payment by check.
The contractual information is presented in French and will be the subject of a confirmation at the latest at the time of the validation of your order.
The ORTHONOV company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 5 - Confirmation of your order
Sending us the completed form accompanied by a check implies acceptance of the order as well as acceptance of these general conditions.
The fact of placing an order by telephone implies a payment by credit card and constitutes acceptance of the order as well as the present general conditions.
Any order appearing on the ORTHONOV website implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction.
You declare to have perfect knowledge of it.
The order confirmation will be worth signature and acceptance of the operations carried out.
Article 6 - Error, falsification of data
The Customer undertakes to communicate honest and sincere information and must verify the information entered during his order. The Customer must check the completeness and conformity of the information he provides when ordering, in particular concerning the delivery address. We cannot be held responsible for any data entry errors and the consequences thereof (for example delays or errors in deliveries). If the Customer finds, after validation of his order, that it contains errors that he would like to modify, he can contact the ORTHONOV Company by email or by telephone, within 24 hours. In any event, ORTHONOV cannot be held responsible for the consequences related to errors, delays or delivery defects, any re-shipment costs incurred being the responsibility of the Customer.
Article 7 - Payment
By mail: sending the form filled in with the mandatory information accompanied by payment by check validating your order.
By phone: Validation of payment made by credit card using the secure system
On our website: The fact of validating your order implies for you the obligation to pay the indicated price.
Payment for your purchases is made by credit card through the secure online payment system.
Article 8 - Right of withdrawal
The right of withdrawal only applies to natural persons.
In accordance with the legal provisions in force, the Customer has a period of 15 (fifteen) calendar days (legal period 7 (seven) working days) to return, at his expense, the products that do not suit him without having to justify reasons. nor to pay a penalty. This period starts from the day of delivery of the Customer's order. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed; the return costs remaining the responsibility of the Customer.
The product must be returned by Colissimo followed to:
3 rue de villebon - 91160 Saulx-Les-Chartreux
Only products returned as a whole, in their original packaging, complete and intact, in perfect condition for resale, and accompanied by the purchase invoice as well as the care sheet for optimized management will be taken back. Any product that has been damaged, worn or whose original packaging has been damaged, will not be refunded, returned or exchanged.
In the event that the right of withdrawal is exercised, the Customer has the choice of requesting either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the Seller.
In the event of exercise of the right of withdrawal, the company ORTHONOV will reimburse the sums paid, within 14 days of notification of your request and via the same means of payment as that used when ordering.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the event that the products are damaged, or used, or the incomplete return of the product as described in article 8.
Article 9 - Availability
Our products are offered as long as they are visible on the ORTHONOV site and within the limits of available stocks. In case of unavailability of a product after placing your order, we will inform you by email. Your order will be automatically canceled and your payment will be canceled or refunded.
Article 10 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated.
Delivery is made by carrier, ORTHONOV cannot be held responsible for late delivery due either by the delay of the carrier himself or due to unavailability of the customer after several appointment proposals. Delivery times are indicative.
The Customer must ensure that the information communicated referred to in article 6 of these General Conditions of Sale is correct, and that they remain so until complete delivery of the product (s) ordered. The Customer therefore undertakes to inform the ORTHONOV Company of any change in billing and / or delivery details that may occur between the order and delivery, by sending an email to the following address without delay: contact @ podonov .com
The Company will not be responsible either if the non-receipt of the Products is due to the act of a third party outside its intervention or in the event of theft.
In the event that the Order is returned due to the absence of the Customer, ORTHONOV will contact the Customer for a second delivery at the Customer's expense.
Article 11 - Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or refund must be made by email, telephone or post within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions, invoices, treatment sheets, etc.).
In the event of an exchange request, the return costs are our responsibility for a first appeal, beyond the shipping costs are billed to you. Note that the return costs are your responsibility whatever the reason.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 12 - Liability
The products offered comply with current French legislation. The responsibility of the company ORTHONOV can not be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
Furthermore, ORTHONOV cannot be held responsible for damage resulting from improper use of the product purchased.
Finally, ORTHONOV cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.
Article 13 - Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the Commercial Court of Evry, 1 rue de la Patinoire - 91000 EVRY will have sole jurisdiction.
Article 14 - Intellectual property
All the elements of the ORTHONOV site are and remain the intellectual and exclusive property of the company. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of ORTHONOV.
Article 15 - Personal data
ORTHONOV reserves the right to collect nominative information and personal data concerning you. They are necessary to manage your order, as well as to improve the services and information we send you.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978 and the General Data Protection Regulation (RGPD) which entered into force on May 25, 2018, you have the right to access, rectify and oppose personal information and data. personal information concerning you by informing us by post, email or telephone. The specific conditions are available on our website.
Article 16 - Proof archiving
ORTHONOV will archive purchase orders and invoices constituting a true copy in accordance with the provisions of article 1348 of the Civil Code for a minimum period of 5 years.
Article 17 - Customer service
For any information or question, to place an order, for an order follow-up, for the exercise of the right of withdrawal or to invoke the guarantee, the Customer can contact Customer Service: at 01. 184.108.40.206 at the price of one local call, Monday to Friday 9:00 a.m. to 12:30 p.m. and 1:30 p.m. to 6:00 p.m.
The Customer may also contact ORTHONOV at firstname.lastname@example.org by completing the contact form, to be completed online, provided for this purpose.
II. TERMS OF SALES
Clause n ° 1: Purpose
The general conditions of sale described below detail the rights and obligations of the company ORTHONOV and of its professional client within the framework of the sale of the following goods: sale of medical and orthopedic equipment.
Any service performed by ORTHONOV therefore implies the buyer's unreserved acceptance of these GTCS.
Clause n ° 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated excluding tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The ORTHONOV company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n ° 3: Discounts
The proposed prices include the discounts applied to professionals that the company ORTHONOV grants according to the agreements put in place and quantities ordered.
Clause n ° 4: Terms of payment
Orders are paid for:
- either by check within 15 days
- either by CRL at 25 days
Clause n ° 5: LCR refusal fees
In case of refusal of a payment by LCR, the company ORTHONOV reserves the right to re-invoice the costs which are charged to it in the amount of € 21
Clause n ° 6: Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay ORTHONOV a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
From the 3th relaunch, you will be indebted to us for the cost of sending a letter by registered letter with acknowledgment of receipt of an amount to be defined according to the rate in force at the time of this (post office rate).
Clause n ° 7: Termination clause
If within the fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the remaining amounts due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of the company ORTHONOV.
Clause n ° 8: Retention of title clause
The ORTHONOV company retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or judicial liquidation, the company ORTHONOV reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause n ° 9: Right of withdrawal
The article L121-16-1 of the Consumer Code extends the rules applicable to relations between consumers and professionals, to contracts concluded off-premises between two professionals when the subject of these contracts does not fall within the scope of the main activity of the professional requested and the number of employees employed by it is less than or equal to five.
The right of withdrawal between professionals is only applicable when the following three conditions are met:
- The contract must be concluded outside the establishment
- The subject of the contract must not fall within the main field of activity of the company
- The number of employees of the company must be less than or equal to 5
Clause n ° 10: Delivery
Delivery is made:
- by Chronopost carrier
The delivery time indicated during the registration of the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
- the award of damages;
- the cancellation of the order.
In the event of goods damaged during transport, the buyer must formulate all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by e-mail accompanied by the elements likely to become aware of the deterioration.
Clause n ° 11: Return or exchange of Products
In case of return or exchange of a product, the return costs are the responsibility of the buyer.
Clause n ° 12: Force majeure
The responsibility of the company ORTHONOV cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale, results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n ° 13: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Evry, 1 rue de la Patinoire - 91000 EVRY